ML060330284

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LB Memorandum (Notice of Expected Date for Decision)
ML060330284
Person / Time
Site: Oyster Creek
Issue date: 02/02/2006
From: Hawkens E
Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
50-0219-LR, ASLBP 06-844-01-LR, RAS 11131
Download: ML060330284 (4)


Text

RAS 11131 UNITED STATES OF AMERICA DOCKETED 02/02/06 NUCLEAR REGULATORY COMMISSION SERVED 02/02/06 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

E. Roy Hawkens, Chairman Dr. Paul B. Abramson Dr. Anthony J. Baratta In the Matter of Docket No. 50-0219-LR AMERGEN ENERGY COMPANY, LLC ASLBP No. 06-844-01-LR (License Renewal for Oyster Creek Nuclear February 2, 2006 Generating Station)

MEMORANDUM (Notice of Expected Date for Decision)

Pending before the Board are two Requests for Hearing and Petitions for Leave to Intervene (Petitions) dated November 14, 2005, challenging the Oyster Creek Nuclear Generating Station (Oyster Creek) License Renewal Application submitted by AmerGen Energy Company, LLC (AmerGen) to the Nuclear Regulatory Commission (NRC) on July 22, 2005. One Petition was filed by the New Jersey Department of Environmental Protection

[hereinafter referred to as New Jersey], and the other Petition was filed by the Nuclear Informa-tion and Resource Service (NIRS), Jersey Shore Nuclear Watch, Inc., Grandmothers, Mothers and More for Energy Safety, New Jersey Public Interest Research Group, New Jersey Sierra Club, and New Jersey Environmental Federation [hereinafter referred to collectively as NIRS].

On December 12 and 14, 2005, AmerGen and the NRC filed oppositions to the Petitions.

Based on the December 19, 2005 filing of NIRSs reply pleading,1 the Licensing Boards decision granting or denying Petitioners hearing requests would have been due on or before 1

New Jersey did not file a reply pleading.

Thursday, February 2, 2006. See 10 C.F.R. § 2.309(i); see also 70 Fed. Reg. 20,457, 20,462 (Model Milestones for Subpart L proceedings).

However, subsequent to December 19, 2005, the Board required supplemental briefings from the parties on several material matters. See Licensing Board Order (Directing Supple-mental Briefing on Hearing Request) (Jan. 10, 2006) (unpublished); Licensing Board Order (Directing Supplemental Briefing on Hearing Request) (Jan. 23, 2006) (unpublished).

Responses to the Boards second request for supplemental briefing were submitted on January 30, 2006.2 As a result, and pursuant to 10 C.F.R. § 2.309(i), the Board hereby provides notice that it currently anticipates issuing a decision regarding the Petitioners hearing requests no later than February 28, 2006.

FOR THE ATOMIC SAFETY AND LICENSING BOARD3

/RA/

E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 2, 2006 2

See Supplemental Brief of Petitioner New Jersey Department of Environmental Protection on Issue of Regulations Governing Cumulative Usage Factor (Jan. 30, 2006);

AmerGens Brief in Response to Order Directing Supplemental Briefing on Metal Fatigue (Jan.

30, 2006); NRC Staffs Response to Licensing Boards Order Directing Supplemental Briefing (Jan. 30, 2006).

3 Copies of this order were sent this date by Internet e-mail to counsel for: (1)

AmerGen; (2) New Jersey; (3) NIRS; and (3) the NRC Staff.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

AMERGEN ENERGY COMPANY, LLC ) Docket No. 50-219-LR

)

)

(Oyster Creek Nuclear Generating Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM (NOTICE OF EXPECTED DATE FOR DECISION) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication E. Roy Hawkens, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Paul B. Abramson Anthony J. Baratta Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Ann P. Hodgdon, Esq. Michele R. Donato, Esq.

Daniel Hugo Fruchter, Esq. P.O. Box 145 Office of the General Counsel 106 Grand Central Avenue Mail Stop - O-15 D21 Lavallette, NJ 08735 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

2 Docket No. 50-219-LR LB MEMORANDUM (NOTICE OF EXPECTED DATE FOR DECISION)

Paul Gunter, Director Donald J. Silverman, Esq.

Reactor Watchdog Project Kathryn M. Sutton, Esq.

Nuclear Information Alex S. Polonsky, Esq.

and Resource Service Morgan, Lewis, & Bockius LLP 1424 16th Street, NW, Suite 404 1111 Pennsyvlania Ave., NW Washington, DC 20036 Washington, DC 20004 Bradley M. Campbell, Commissioner Jill Lipoti, Director New Jersey Department of New Jersey Department of Environmental Protection Environmental Protection P.O. Box 402 Division of Environmental Safety and Health Trenton, NJ 08625-0402 P.O. Box 424 Trenton, NJ 08625-0424 Ron Zak J. Bradley Fewell, Esq.

New Jersey Department of Exelon Corporation Environmental Protection 200 Exelon Way, Suite 200 Nuclear Engineering Kennett Square, PA 19348 P.O. Box 415 Trenton, NJ 08625-0415 Suzanne Leta Richard Webster, Esq.

NJPIRG Rutgers Environmental Law Clinic 11 N. Willow St. 123 Washington Street Trenton, NJ 08608 Newark, NJ 07102-5695

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 2nd day of February 2006